How Does Settling Resolve A Dispute?

When an accident creates a dispute between 2 parties, there are 2 possible means of resolution. One method for the resolution of that dispute involves efforts to reach a settlement.

Before settling, both sides work towards achieving a resolution.

Settling demands use of negotiations. During the negotiations, each party is free to introduce facts on the amount of emotional stress endured by the presenting party.

If the dispute gets resolved, then both sides have agreed to the amount of money in the settlement. In other words, each side knows the size of the settlement figure. All the information shared by the 2 parties remains private.

Alternatives to Settling

The 2 parties could take part in a mediation session. During such a session a professional mediator works to have each side recognize the grounds for the arguments being made by the parties on the other side. The mediator cannot force the 2 parties to reach an agreement. If the mediator fails to encourage creation of an agreement, a trial seems almost certain. Still, a mediator’s words could get the 2 parties to settle before the start of a trial.

Professional mediators find that any agreement achieved through mediation tends to please both of the disputing parties. Neither side ends up with a large amount of money, but each of the 2 sides feels treated fairly.

If a dispute remains unresolved after a mediation session, then the court arranges for the holding of a discovery session. Sometimes such a session leads to a settlement. During discovery each side shares details on its evidence.

Sometimes a piece of evidence places in doubt some piece of information that had swayed the defendant’s or the litigant’s thinking. When that is the case, then the defendant or litigant might elect to settle with the opposing side.

Once the discovery session has ended, a trial gets scheduled. The holding of a trial alters the nature of the process that works towards resolution of the dispute. It removes the benefits associated with a settlement and replaces them with the benefits that are linked to announcement of a court order.

Litigants often hope that the jury will support payment by the defendant of a large compensation package. Yet, no litigant has ever been guaranteed a specific decision. Moreover, even if the jury does vote in favor of the litigant, the defendant has the right to seek an appeal with the assistance of an Injury Lawyer in Waterloo.

Furthermore, private information about both the litigant and the defendant could get disclosed during the trial. Sometimes litigants discover too late that their privacy was worth much more than the money won by pursuing a lawsuit. Any lawsuit comes with certain drawbacks, which could prove capable of diminishing a benefit’s value.